Your criminal record can affect almost every part of your life. Employment opportunities, housing applications, and even school admissions can become more difficult when you have a record—even if the charges were dismissed or never filed. If you were arrested or charged with a crime in Florida, there may be options to seal or expunge that record, depending on the outcome of your case and the nature of the offense.

I've helped many people clean up their records in Florida, but I've also had to deliver tough news to people who didn't know they missed their chance. Timing matters. So does the type of charge. If you have a felony DUI, or any felony for that matter, the law is strict. But not all hope is lost.

Let me walk you through how this works, how it applies to DUI cases, and what options might be available if you want to get your record cleaned up.

What Does It Mean to Seal or Expunge a Record in Florida?

These terms are often used together, but they have different legal meanings under Florida law.

Sealing a record means the record is made confidential, though certain government agencies may still access it. The public, however, cannot see it. A sealed record doesn't appear on background checks for most jobs or housing applications.

Expunging a record means the record is physically destroyed, except for a confidential copy kept by the Florida Department of Law Enforcement (FDLE). That copy is only accessible under limited legal circumstances.

The statute that governs this is Florida Statute § 943.0585 (expunction) and § 943.059 (sealing). Here is the statutory text from the expunction statute:

Fla. Stat. § 943.0585(4):

"A criminal history record that is expunged under this section must be physically destroyed… except that the Department of Law Enforcement shall retain a copy solely for determining eligibility for future expunction."

That means if your record is expunged, it will not show up on most public or private background checks.

A private attorney is important here because even one wrong step—failing to meet a deadline, picking the wrong statute, or misunderstanding your eligibility—can result in your application being denied.

When Are You Eligible to Seal or Expunge Your Florida Criminal Record?

Eligibility depends heavily on the outcome of your case.

You may qualify if:

  • You were arrested but never formally charged
  • Charges were dismissed before trial
  • You were acquitted at trial
  • You pleaded guilty or no contest to certain eligible charges and received a withhold of adjudication

You are not eligible if:

  • You were adjudicated guilty (convicted)
  • You've previously sealed or expunged another case
  • Your offense is listed under Florida Statute § 943.0584, which includes violent crimes, sexual offenses, and felony DUI

Here's a direct excerpt from Fla. Stat. § 943.0585(2)(a):

"An individual is eligible to petition for the expunction of a criminal history record if the person has never been adjudicated guilty of a criminal offense… and the record is otherwise eligible for expunction."

This is where felony DUI comes into the picture.

What If You Have a Felony DUI?

If you've been convicted of a felony DUI in Florida, the law is strict. Felony DUI is not eligible for sealing or expungement if:

  • You were adjudicated guilty
  • The offense falls under § 316.193(3)(c), which involves DUI with serious injury or death
  • It is considered a forcible felony under § 776.08, or any offense listed under § 943.0584

Under Fla. Stat. § 943.0584(1):

"A criminal history record relating to a violation of any offense listed in this section is not eligible for sealing or expunction regardless of whether adjudication is withheld."

DUI manslaughter and serious injury DUI charges fall squarely into this category.

If your DUI case was a third or fourth offense, or involved serious injury, you were almost certainly charged with a felony. If you were convicted, your record cannot be sealed or expunged. Period.

However, if you received a withhold of adjudication on a lesser DUI-related offense, and it was not a prohibited offense, you may still qualify to seal the record. Expungement could be possible if the charges were dismissed or dropped outright.

This is why working with a private criminal defense attorney matters. We know how to negotiate for outcomes that keep sealing or expungement options open, and we can guide you years later on how to file for relief if you're eligible.

Real Case Example: Felony DUI Reduced, Record Sealed Two Years Later

I represented a client in Fort Myers charged with third DUI within 10 years. It was a felony, and the state initially sought jail time. After reviewing the evidence, I noticed that one of the prior DUIs was missing key documentation and appeared to be incomplete in court records.

We filed a motion to strike the prior as an enhancement. That motion was granted. The prosecutor then agreed to reduce the charge to a misdemeanor DUI with a withhold of adjudication and probation.

Two years after the case closed, the client returned and asked whether the record could be sealed. Because there was no adjudication of guilt, and the final charge was a sealable offense, we successfully sealed the record. That client later got a job that required a full background check and passed without issue.

This wouldn't have been possible with a public defender who had 70 other cases or a lawyer who didn't catch the enhancement error.

Why You Need a Private Attorney for Sealing or Expunging

This process involves petitions, sworn affidavits, certifications from FDLE, and in many cases, a hearing in front of a judge. Any error or misstatement can result in denial. You only get one shot.

Private attorneys can help you:

  • Determine whether you're eligible
  • Prepare all documents accurately
  • Anticipate and respond to objections by the state
  • Represent you in hearings to advocate for sealing or expungement
  • Coordinate with FDLE, prosecutors, and the court clerk

We also make sure your criminal record is truly removed from public view once the order is granted. That includes following up with background check companies when necessary.

Defenses and Alternatives If You Are Not Eligible

Even if you cannot seal or expunge your record, we can still help reduce the impact of a conviction.

Post-Conviction Relief: In rare cases, we may file for post-conviction relief to set aside the conviction, particularly if it was based on bad advice or ineffective counsel.

Pardons: Though rare in Florida, a gubernatorial pardon may restore civil rights and eliminate the conviction's impact on some background checks.

Employment and Licensing Advocacy: We write letters of explanation to licensing boards or employers explaining the nature of the offense and outcome.

These steps won't erase the record but can still protect your reputation and job opportunities.

Florida Felony DUI Frequently Asked Questions 

Can a felony DUI ever be sealed or expunged in Florida?

If you were convicted of a felony DUI, you cannot seal or expunge it in Florida. The law is very clear that once you are adjudicated guilty of a felony DUI, it remains permanently on your record. However, if the charge was reduced and adjudication was withheld on a lesser offense, sealing might still be possible.

How long do I have to wait before I can seal or expunge my record?

If your charges were dismissed or you were acquitted, you can apply for expungement right away. If you received a withhold of adjudication, you must wait until your case is closed and all probation or court-ordered conditions are satisfied. Then you can begin the sealing process. Timing also depends on whether you have ever sealed or expunged a record in the past.

What charges cannot be sealed or expunged in Florida?

Florida Statute § 943.0584 lists several crimes that are never eligible, including sexual battery, kidnapping, homicide, robbery, aggravated assault, and DUI manslaughter. Any charge involving serious bodily harm or the use of a weapon is likely prohibited. This includes many DUI felonies.

What does it mean if a case was "nolle prossed"?

That means the prosecution voluntarily dismissed the charges. If that happens, you may be eligible to expunge your record. A private attorney can obtain the official documents showing the dismissal and prepare your petition for expungement through FDLE and the court.

Do I need to go to court to seal or expunge a record in Florida?

Sometimes. Some judges approve the petition based on the paperwork alone, but others require a hearing, especially if the prosecutor objects. If a hearing is scheduled, you'll need a lawyer who can present your case clearly and answer the judge's questions.

Will sealed or expunged records ever show up again?

For the general public, no. A sealed or expunged record will not show up on most background checks. However, government agencies, including law enforcement and licensing boards, may still have limited access. That's why we help clients understand the scope of what sealing or expunging actually achieves.

Can I seal or expunge more than one record?

No. Florida law only allows you to seal or expunge one criminal record in a lifetime, unless the cases stem from the same arrest. That's why it's critical to choose the right case for expungement, and why you need a lawyer who understands how to review your full record.

Is DUI always excluded from sealing and expungement?

Not always. A first-time misdemeanor DUI that results in dismissal, acquittal, or no charges might be eligible. But a DUI that results in a conviction or adjudication of guilt, especially if it is a felony, cannot be sealed or expunged. The specific facts of your case will determine eligibility.

Will sealing or expungement help me get a job?

Yes. Employers generally cannot access sealed or expunged records, so those cases are effectively invisible to most background checks. That can improve your job prospects, housing applications, and professional licensing opportunities.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.